L. M. Wiley, Parish & Co. v. Kelsey
Supreme Court of Georgia
Motion, in Houston Superior Court. -Term, 1852. Heard and decided by Judge Irwin, presiding for Judge Powers. At the April Term, 1839, of Houston Superior Court, L. M. Wiley, Parish & Co. obtained judgment against T. & S. Williams, for the sum of $1793 96 cts. principal. Execution issued therefor on the 18th day of May, 1839. The correct amount was inserted in the face of the execution, but on the hack of it was for $753 96; the same entry was made on the execution docket.
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Motion, in Houston Superior Court. -Term, 1852. Heard and decided by Judge Irwin, presiding for Judge Powers. At the April Term, 1839, of Houston Superior Court, L. M. Wiley, Parish & Co. obtained judgment against T. & S. Williams, for the sum of $1793 96 cts. principal. Execution issued therefor on the 18th day of May, 1839. The correct amount was inserted in the face of the execution, but on the hack of it was for $753 96; the same entry was made on the execution docket. The only entry which appeared upon the execution, was a receipt in the handwriting of the late Judge Tracy, for $186 46…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] This is the fourth time the alias fi. fia. established by the judgment of the Superior Court of Houston County in 1846, has been before this Court. In Wiley et al. vs. Kelsey et al. (3 Kelly, 274,) it was held, that the execution was not dormant. In Wiley et al. vs. Kelsey et al. (9 Ga. R. 117,) it Ayas held, that the judgment of the Court rendered in 1846, establishing the alias fi. fa. in lieu of the original fi. fa. recited in such judgment to have been erroneously issued through mistake for the sum of $753 96, instead of the sum of $1753…
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